Former Minister Mzembi acquitted of abuse of office charges

Former Tourism Minister Walter Mzembi has been acquitted on charges of abusing his office after the High Court ruled that the State failed to prove its case beyond reasonable doubt.

Mzembi had been accused of unlawfully donating four public-viewing television sets to churches, including UFIC, Prophetic Healing and Deliverance Ministries and ZCC, allegedly showing favouritism and prejudice to the government.

Delivering judgment, High Court judge Justice Benjamin Chikowero said the State only managed to prove that Mzembi was a public officer, but failed to establish the other essential elements of the offence.

“In assessing evidence presented by the State, Chikowero said witnesses Zvinechimwe Churu as well as Thokozile Chitepo were fair witnesses because they refused to comment on issues they were not privy to. They told court that they cannot comment that Mzembi donated the public-viewing screens because they were not permanent secretaries.

“In short, the two were not relevant witnesses to assist in State’s case. The State’s failure not to call other witnesses was fatal to its case,” Chikowero said.

The judge said documentary exhibits, including letters presented in court, showed that it was the Ministry that donated the television sets.

He noted that witnesses tasked with releasing the public-viewing screens did not testify that they directly interacted with Mzembi.

Chikowero further said former Permanent Secretary Margaret Sangarwe had issued a memorandum proposing the allocation of 40 television sets to rural areas across provinces as well as to the churches at the centre of the matter.

“The State did not produce Sangarwe for her to explain her memorandum. No reasons were given for her absence in court. Sangarwe would have been a material witness to explain if the accused is the one who authorised donation. The State chose not to call her at its own peril,” Chikowero said.

The court also heard evidence from then-permanent secretary of Tourism Florence Nhekairo, who conducted an asset check and testified that the television screens remained government property and were recorded on the ministry’s inventory sheets.

“This dovetails with Chitepo’s evidence. Her only error was mistaking the year because of time passage but was able to recall this a decade later. Richford Lovemore Nyamakura, finance director in the Ministry, also said it was essential for the State to call the PS. To that end, his evidence did not assist the State to prove its case,” Chikowero said.

The judge criticised investigating officer Eric Chacha, saying he had not properly carried out investigations into the matter.

He also said evidence from Admire Mango, a senior overseer with PHD Ministries, did not incriminate Mzembi.

Chikowero further noted that Mzembi “made a mistake to aver a donation when in fact there was never a donation”.

“The State has failed to prove its case beyond reasonable doubt. The accused is found not guilty and acquitted,” Chikowero ruled.

Mzembi had been facing charges of criminal abuse of duty as a public officer in terms of Section 174(1) of the Criminal Law (Codification and Reform) Act.

The case arose from allegations that he unlawfully donated public-viewing television screens to churches during his tenure as Tourism minister.

In his defence, Mzembi argued that the distribution of the television sets was part of a broader government strategy approved at the highest level to revive Zimbabwe’s tourism sector after the 2008 political crisis.

He told the court the initiative originated during preparations for the 2010 FIFA World Cup, with government establishing fan parks to unite the country before later repurposing the equipment to support religious tourism.

Mzembi maintained that the programme was implemented with the knowledge and backing of senior government officials under the Government of National Unity and involved several ministries and state institutions.

He also argued that the strategy helped revive tourism performance, with tourist arrivals and revenues significantly improving by the time he left office in 2017.

The post Former Minister Mzembi acquitted of abuse of office charges appeared first on NewZimbabwe.com.